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980 NINTH STREET,SUITE 1500 SACRAMENTO, CALIFORNIA 95814 W WW.OELTACOUNCIL.CA.GO V (916)445-5511 DELTA STEWARDSHIP COUNCIL Chair October 11, 2011 Phil Isenberg Members Randy Fiorini Gloria Gray Patrick Johnston Ms. Corinne King Hank Nordhoff Don Nottoli San Joaquin County Community Development Department Felicia Marcus 1810 E. Hazelton Ave Executive Officer Stockton, CA 95205 P.Joseph Grindstaff RE: Initial Study for Neighborhoods K and L at Mountain House, SCH# 2011092041 Dear Ms. King: The Delta Stewardship Council is an independent state agency charged with adopting and implementing a legally-enforceable, integrated resources management plan for the Sacramento—San Joaquin Delta, referred to as the "Delta Plan" (see generally, the Sacramento-San Joaquin Delta Reform Act of 2009, Div.35 of the California Water Code). Once the Delta Plan becomes effective as a.state regulation (anticipated in Spring 2012), state and local agencies that propose to carry out, approve or fund "covered actions" must first prepare and file with the Council written certifications that those actions are consistent with the Delta Plan. Those certifications are subject to appeal, and a project may not proceed until it is consistent with the Delta Plan. Council staff recently reviewed the Initial Study for Neighborhoods K and L at Mountain House. It appears that the project would likely meet the definition of a "covered action", and would be subject to the Delta Plan, if the Delta Plan becomes effective prior to the filing of a notice of approval or determination for your project. As such we would encourage you to consult with us to ensure the project's consistency with the Delta Plan and the coequal goals. What is a covered action? It is "a plan, program, or project as defined by §21065 of the PRC that meets the following conditions: 1) will occur, in whole or in part, within the boundaries of the Delta or Suisun Marsh; 2) will be carried out, approved, or funded by the state or a local public agency; 3) is covered by one or more provisions of the Delta Plan; 4) will have a significant impact on achievement of one or both of the coequal goals or the implementation of government-sponsored flood control programs to reduce risks to people, property, and state interests in the Delta." (CA Water Code §85057.5) What are the coequal goals? "Coequal goals' means the two goals of providing a more reliable water supply for California and protecting, restoring and enhancing the Delta ecosystem. The coequal goals shall be achieved in a manner that protects and enhances the unique cultural, "Coequal goals"means the two goals ofproviding a more reliable water supply for California and protecting,restoring, and enhancing the Delta ecosystem. The coequal goals shall be achieved in a manner that protects and enhances the unique cultural, recreational, natural resource,and agricultural values of the Delta=an evolving place." —CA Water Code§85054